April Novelization

Article 1

The following amendments are incorporated in the following articles of the Constitution of the Polish People’s Republic (DZ.U., No 7, Item 36, 1976; No 22, Item 81, 1980; No 1 1, Item 83, 1982; No 39, Item 175, 1983; No 14, Item 82, 1987; and No 19, Item 129, 1988):

1) Paragraphs 1 and 2 of Article 2 are reworded as follows:

“Article 2.1. The working people rules the state through its representatives elected to the Sejm, to the Senate, and to the people’s councils.

“2.2. The people’s representatives are responsible to their voters and may be recalled by them”;

2) The heading of Chapter is changed as follows: “The Sejm and the Senate of the Polish People’s Republic”;

3) Article 20 is complemented with the following Paragraph 4:

“4. Lawmaking initiative belongs to the Sejm deputies, to the Senate, to the President, and to the Council of Ministers”;

4) In Article 21:

a) Paragraph 1 is reworded as follows:

“1. The Sejm consists of 460 deputies and is elected for a term of 4 years”;

b) Paragraph 3 is reworded as follows:

“3. A deputy’s immunity to penalties, arrest, and judicial trial may not be waived without the consent of

the Sejm. The Sejm gives that consent by a majority of at least two-thirds in the presence of at least one-half of the total number of deputies.”

5) Article 22 is reworded as follows:

“Article 22.1. The Sejm deliberates at its sessions.

“22.2. The first session of the newly elected Sejm is convened by the President within a month from the date the elections end”;

6) Article 23 is complemented with the following Paragraph 5:

“5. The Sejm may appoint a commission to investigate a particular matter. The powers and procedural aspects of the commission are determined by the Sejm”;

7) Articles 25-31 are reworded as follows:

“Article 25. The Chairman of the Council of Ministers or individual ministers are duty-bound to answer the interpellations of deputies within a time limit and by a procedure to be determined by the Sejm.

“Article 26. 1 . The Sejm may pass a declaration of war only in the event of an armed invasion of the Polish People’s Republic or when international agreements dictate the need for mutual defense against aggression; when the Sejm is not in session, the war is declared by the President.

“26.2. The Sejm appoints for the duration of war the Supreme Commander of the Armed Forces of the Polish People’s Republic; when the Sejm is not in session, the appointment is made by the President.

“26.3. The legal conditions and consequences and the procedure for declaring war are specified in the Decree.

“Article 27. 1. Decrees passed by the Sejm are, with the exception of the budget decree, transmitted to the Senate for consideration. Within a month from the date of transmittal, the Senate may propose to the Sejm particular changes in these decrees or their rejection. The Sejm may override the Senate’s proposals by a majority of two-thirds (in the presence of at least one-half of the total number of deputies).

“27.2. The Senate examines drafts of the national socioeconomic plan, the budget decree, and the financial plans of the state. The Senate presents its position to the Sejm. Following their passage by the Sejm, the national socioeconomic plan and the budget decree and the financial plans of the state are transmitted to the Senate which may within 7 days propose specific changes to the

Sejm. The Sem may override the Senate’s proposals by a majority of two-thirds in the presence of at least one-half of the total number of deputies.

“27.3. A decree is signed by the President, who then orders its immediate promulgation, if:

“1) the Senate notifies the President that it has no reservations about the decree;

“2) the Senate does not announce within the specified time limit proposals for particular revisions of the decree or its rejection;

“3) the Sejm passes or rejects the revisions proposed by the Senate.

“27.4. Before signing a decree the President may within a month request the Constitutional Tribunal to verify the decree’s consonance with the Constitution.

“27.5. The President may refuse to sign a decree, whereupon he returns it to the Sejm, together with a rationale, for reconsideration. If the Sejm again passes that decree, by a majority of at least two-thirds in the presence of at least one-half of the total number of deputies, the President signs it and orders its immediate promulgation in DZIENNIK USTAW.

“Article 28. 1. The Senate consists of 100 senators and is elected for the same term of office as the Sejm.

“28.2. The validity of a senator’s election is verified by the Senate.

“28.3. A senator’s immunity to penalties, arrest and judicial trial cannot be waived without the consent of the Senate. Such consent requires a majority of at least two-thirds of votes in the presence of at least one-half of the total number of senators.

“Article 29. 1 . The Senate elects a Speaker and Deputy Speakers from among its members.

“29.2. The Speaker, or in his absence a Deputy Speaker, directs the deliberations and keeps track of the work of the Senate.

“29.3. The Senate’s deliberations are public. The Senate may resolve upon secrecy of its deliberations if so required by the good of the state.

“29.4. The first session of the newly elected Senate is convened by the President within a month from the end of the elections.

“29.5. The procedural order of the Senate and the nature and number of its committees are determined by by-laws passed by the Senate.

“Article 30.1. The Sejm may disband itself by a resolution adopted by a majority of two-thirds of the votes in the presence of at least one-half of the total number of deputies.

“30.2. If the Sejm does not appoint a government for 3 months, if it does not pass for 3 months the national economic plan or the budget decree, or if passes a decree or adopts a resolution rendering it impossible for the President to exercise his constitutional powers defined in Article 32, Paragraph 2, the President may, upon consulting the Speaker of the Sejm and the Speaker of the Senate, disband the Sejm.

“30.3. The disbanding of the Sejm is tantamount to terminating the term of office of the Sejm and the Senate.

“Article 31.1. Elections to the Sejm and the Senate are ordered by the President not later than 1 month prior to the expiration of the Sejm’s term of office, on specifying the date of the elections within 2 months from the date of expiration of the Sejm’s term of office.

“31.2. In the event the Sejm is disbanded, the President orders elections to the Sejm and the Senate, on specifying the date of the elections within 3 months from the date the Sejm is disbanded.

“31.3. The elections take place on a nonworking day.” 8) The following Chapter 3a is incorporated after Article 31:

“Chapter 31. The President of the Polish People’s Republic”

“Article. 32.1. The President of the polish People’s Republic is the highest representative of the Polish State in domestic and international relations.

“32.2. The President watches over adherence to the Constitution of the Polish People’s Republic and guards national sovereignty, national security, the inviolability and indivisibility of national territory, and adherence to international political and military alliances.

“Article 32a.1. The President is elected by the Sejm and the Senate combined into the National Assembly.

“32a.2. The President is elected for 6 years and may be reelected only once.

“32a.3. Any citizen of the Polish People’s Republic who enjoys full rights to elections to the Sejm may be elected to the Presidency.

“32a.4. The President’s term of office commences on the day he takes office.

“Article 32b. 1. The Speaker of the Sejm convenes the National Assembly:

“1) with the object of electing the President;

“a) within 1 month prior to the expiration of the term of office of the incumbent President;

“b) within 1 month after the day the office of the President is vacated;

“2) to affirm permanent inability of the President to exercise his office owing to the state of his health;

“3) to consider the question of impeaching the President before the Tribunal of State.

“32b.2. The resolutions of the National Assembly concerning the election of the President are adopted by an absolute majority of votes in the presence of at least one-half of the members of the Assembly.

“32b.3. The deliberations of the National Assembly are chaired by the Speaker of the Sejm.

“32b.4. The right to nominate candidates for the President belongs to members of the National Assembly if they number at least one-fourth of the total number of members of the Assembly.

“32b.5. If during the first round of elections no candidate for the President gets the required majority of votes, during each successive round the candidate receiving the least number of votes is eliminated.

“Article 32c. 1. The President-Elect takes office upon swearing the following oath before the National Assembly:

“In taking, by the will of the National Assembly, the office of President of the Polish People’s Republic, I solemnly swear to the Polish Nation that 1 shall remain faithful to the provisions of the Constitution and firmly guard the dignity of the Nation and the sovereignty and security of the State. I swear that the good of the Fatherland and the prosperity of the citizens shall always remain to me the highest behests.

“32c.2. The President who is elected prior to the expiration of the term of office of the incumbent President takes office the day after that expiration.

“Article 32d.1. The President exercises his powers and duties pursuant to and within the framework of the Constitution and the laws.

“32d.2. For violating the Constitution and the laws, or for perpetrating a crime, the President may be impeached before the Tribunal of State.

“32d.3. Impeachment of the President may occur through a resolution of the National Assembly when taken by a majority of at least two-thirds of the votes of the overall number of the Assembly’s members. Once he is impeached, the President may temporarily be suspended from his office.

“Article 32e.1. Vacating the office of the President prior to the expiration of its term occurs owing to:

“1) demise;

“2) resignation of office;

“3) affirmation by the National Assembly of permanent inability to exercise office owing to state of health, by a majority of at least three-fifths of the votes, in the presence of at least one-half of the total number of members of the Assembly;

“4) deposition from office by a verdict of the Tribunal of State;

“32e.2. In the event that the office of the President is vacated, until the new President takes office, or when the President cannot temporarily officiate, he is replaced by the Speaker of the Sejm; the Speaker of the Sejm replaces the President also when the Sejm’s term of office has expired.

“Article 32f. 1. The President of the Polish People’s Republic:

“1) orders elections to the Sejm, to the Senate, and to people’s councils;

“2) appoints and recalls plenipotentiary representatives of the Polish People’s Republic to other countries;

“3) receives letters of accreditation and recall of the diplomatic representatives of other countries accredited to him;

“4) is the Commander in Chief of the Armed Forces of the Polish People’s Republic;

“5) chairs the Committee for National Defense, which is the proper body for national defense and national security;

“6) asks the Sejm to appoint or recall the chairman of the Council of Ministers;

“7) asks the Sejm to appoint or recall the chairman of the National Bank of Poland;

“8) may convene and chair sessions of the Council of Ministers on matters of special importance;

“9) confers orders, decorations, and honorific titles;

“10) exercises the right of pardon;

“11) exercises other powers envisaged in the Constitution or granted by decrees.

“32f.2. Pursuant to the decrees and with the object of executing them, the President issues orders and ordinances. A decree shall define the legal acts of the President that are of major importance and require countersigning by the chairman of the Council of Ministers.

“Article 32g.1. The President ratifies and renounces international agreements.

“32g.2. The ratification of the international agreements which entail considerable financial burden on the state or the necessity of changes in legislation requires prior consent of the Sejm.

“Article 32h. The President exercises overall supervision over people’s councils. The specific powers of the President in this domain shall be defined by a decree.

“Article 32i.1. The President may decree martial law in a part of or throughout the territory of the Polish People’s Republic if so required by considerations of national defense or by an external threat to national security. For the same reasons, the President may decree partial or total mobilization.

“32i.2. The President may decree for a specified period of time, but for not longer than 3 months, a state of emergency in a part of or throughout the territory of the Polish People’s Republic, if there arises an internal threat to national security or in the event of a natural disaster. The duration of state of emergency may be extended only once, for a period of not more than 3 months, upon the consent of the Sejm and the Senate.

“32i.3. The conditions and legal consequences of the imposition of martial law, and the procedure therefor, shall be defined in decrees.

“32i.4. For the duration of the state of emergency the Sejm may not disband itself, and in the event that its term of office expires, it is subject to an extension for a period of 3 months after the termination of the state of emergency.

“32i.5. During the duration of the state of emergency neither the Constitution nor the electoral laws may be amended.

“Article 33.1. The President may appoint and recall ministers of state authorized to exercise their duties on his behalf The scope of the authorization is defined by the President.

“33.2. The executive organ of the President is the Chancellery of the President. The President confers the Chancellery’s statute and appoints and recalls its chief”

9) The title of Chapter 4 is reworded as follows:

“The Constitutional Tribunal, the Supreme Chamber of Control, the Citizens’ Rights Spokesman”;

10) In Article 33a, Paragraph 1, the period is replaced with a comma and the following expression is added: “and in addition he determines the nationally binding interpretation of decrees”;

11) In Article 35 Paragraph 4 is deleted;

12) In Article 36, Paragraph 1, the period is replaced with a comma and the expression “with the consent of the Senate” is added;

13) The following Article 36a is added after Article 36:

“Article 36a.1. The Citizens’ Rights Spokesman watches over the rights and liberties of citizens specified in the Constitution and other provisions of law.

“36a.2. The Citizens’ Rights Spokesman is appointed by the Sejm with the consent of the Senate for a term of 4 years.

“36a.3. The operating procedures of the Citizens’ Rights Spokesman are specified in a decree.”;

14) Article 37 is reworded as follows:

“Article 37.1. The Sejm appoints and recalls the government of the Polish People’s Republic — the Council of Ministers, or its individual members, upon the proposal of the chairman of the Council of Ministers, presented upon consulting the President. The Sejm may recall the Council of Ministers or its individual members on its own initiative as well.

“37.2. During the interval between terms of office of the Sejm the President appoints and recalls members of the Council of Ministers upon the recommendation of the chairman of the Council of Ministers. The President presents the corresponding appointment or recall decision for confirmation to the Sejm at its next session.”

1 5) In Article 38 Paragraph 2 is reworded as follows:

“2. The Council of Ministers is accountable and reports to the Sejm on its activities, and in between the Sejm’s terms of office it is accountable and reports to the President”;

16) In Article 41, Point 2), the expression, “is presented to the Sejm,” employed twice, is replaced with the expression, “is simultaneously presented to the Sejm and the Senate”;

17) Article 60 is reworded as follows:

“Article 60.1. Judges are appointed by the President on the recommendation of the National Council of the Judiciary.

“60.2. Judges may not be removed from office, with the exception of cases specified in a decree.

“60.3. The powers, membership, and operating procedure of the National Council of the Judiciary are defined in a decree”;

18) In Article 61:

a) Paragraph 3 is deleted;

b) Paragraph 4 is reworded as follows:

“60.4. The Chief Justice of the Supreme Court is appointed from among justices of the Supreme Court and recalled by the Sejm on the recommendation of the President, while justices of the Supreme Court are appointed and recalled by the President”;

19) In Article 65:

a) Paragraph 1 is reworded as follows:

“1. The Prosecutor General of the Polish People’s Republic is appointed and recalled by the President”;

b) Paragraph 3 is reworded as follows:

“3. The Prosecutor General reports to the President on the activities of the Procurature”;

20) In Article 94:

a) the designation of Paragraph 1 is retained;

b) the following Paragraph 2 is added:

“2. Elections to the Senate are general, direct, and conducted by secret balloting”;

21) In Article 96 the expressions “and the Senate” are inserted after the expressions “to the Sejm”;

22) Article 100 is reworded as follows:

“Article 100. Candidates for deputies, senators, and members of people’s councils are nominated by political and social organizations and by voters”;

23) In Article 101a comma and the word “senator” are inserted after the word “deputy”;

24) In Article 102 a comma and the word “senators” are inserted after the word “deputies.”

Article 2

1. The first session of the newly elected Sejm and Senate shall be convened by the Council of State within a month from the date the elections are ended. Until the Senate votes its own bylaws, it will govern itself by the corresponding bylaws of the Sejm.

2. The Speaker of the Sejm shall convene the National Assembly within 2 months from the date the elections are ended.

Article 3

1. The Council of State continues operating and exercising its powers, as defined in the previous provisions of the Constitution and in decrees, until the day on which the President takes office.

2. The legally defined powers of the Council of State are transferred to the President on the day on which he takes office, unless these powers are transferred to other organs.

Article 4

1. The expiration date of the term of office of the Supreme Court at the time the present Decree takes effect shall be defined by a decree.

2. Until the National Council of the Judiciary becomes active, judges remain appointed by the traditional procedure.

Article 5

The term of office of the Sejm elected on 13 October 1985 expires on 3 June 1989.

Article 6

This Decree takes effect as of the day of its promulgation.