Poland 1997 Constitution (reviewed 2009) - Page 6 of 14

Table of Contents

Chapter V. THE PRESIDENT OF THE REPUBLIC OF POLAND

Article 126

The President of the Republic of Poland shall be the supreme representative of the Republic of Poland and the guarantor of the continuity of State authority.
The President of the Republic shall ensure observance of the Constitution, safeguard the sovereignty and security of the State as well as the inviolability and integrity of its territory.
The President shall exercise his duties within the scope of and in accordance with the principles specified in the Constitution and statutes.

Article 127

The President of the Republic shall be elected by the Nation, in universal, equal and direct elections, conducted by secret ballot.
The President of the Republic shall be elected for a 5-year term of office and may be re-elected only for one more term.
Only a Polish citizen who, no later than the day of the elections, has attained 35 years of age and has a full electoral franchise in elections to the Sejm, may be elected President of the Republic. Any such candidature shall be supported by the signatures of at least 100,000 citizens having the right to vote in elections to the Sejm.
A candidate who has received more than half of the valid votes shall be considered elected President of the Republic. If none of the candidates has received the required majority of votes, then a repeat ballot shall be held on the 14th day after the first vote.
The two candidates who have received the largest number of votes in the first ballot shall participate in a repeat ballot. If one of the two such candidates withdraws his consent to candidacy, forfeits his electoral rights or dies, he shall be replaced in the repeat ballot by the candidate who received the next highest consecutive number of votes in the first ballot. In such case, the date of the repeat ballot shall be extended by a further 14 days.
The candidate who receives the higher number of votes in the repeat ballot shall be elected President of the Republic.
The principles of and procedure for nominating candidates and conducting the elections, as well as the requirements for validity of the election of the President of the Republic, shall be specified by statute.

Article 128

The term of office of the President of the Republic shall commence on the date of his assuming such office.
The election of the President of the Republic shall be ordered by the Marshal of the Sejm to be held on a day no sooner than 100 days and no later than 75 days before expiry of the term of office of the serving President of the Republic, and in the event of the office of President of the Republic falling vacant – no later than the 14th day thereafter, specifying the date of the election which shall be on a non-working day and within a period of 60 days of the day of ordering the election.

Article 129

The Supreme Court shall adjudicate upon the validity of the election of the President of the Republic.
A voter shall have the right to submit a complaint to the Supreme Court concerning the validity of the election of the President of the Republic in accordance with principles specified by statute.
In the event of the election of the President of the Republic being judged invalid, a new election shall be held in accordance with the principles prescribed in Article 128, para. 2 in relation to a vacancy in the office of President of the Republic.

Article 130

The President of the Republic shall assume office upon taking the following oath in the presence of the National Assembly:

“Assuming, by the will of the Nation, the office of President of the Republic of Poland, I do solemnly swear to be faithful to the provisions of the Constitution; I pledge that I shall steadfastly safeguard the dignity of the Nation, the independence and security of the State, and also that the good of the Homeland and the prosperity of its citizens shall forever remain my supreme obligation.”

The oath may also be taken with the additional sentence “So help me, God.”

Article 131

If the President of the Republic is temporarily unable to discharge the duties of his office, he shall communicate this fact to the Marshal of the Sejm, who shall temporarily assume the duties of the President of the Republic. If the President of the Republic is not in a position to inform the Marshal of the Sejm of his incapacity to discharge the duties of the office, then the Constitutional Tribunal shall, on request of the Marshal of the Sejm, determine whether or not there exists an impediment to the exercise of the office by the President of the Republic. If the Constitutional Tribunal so finds, it shall require the Marshal of the Sejm to temporarily perform the duties of the President of the Republic.
The Marshal of the Sejm shall, until the time of election of a new President of the Republic, temporarily discharge the duties of the President of the Republic in the following instances:
1. the death of the President of the Republic;
2. the President’s resignation from office;
3. judicial declaration of the invalidity of the election to the Presidency or other reasons for not assuming office following the election;
4. a declaration by the National Assembly of the President’s permanent incapacity to exercise his duties due to the state of his health; such declaration shall require a resolution adopted by a majority vote of at least two-thirds of the statutory number of members of the National Assembly;
5. dismissal of the President of the Republic from office by a judgment of the Tribunal of State.
If the Marshal of the Sejm is unable to discharge the duties of the President of the Republic, such duties shall be discharged by the Marshal of the Senate.
A person discharging the duties of the President of the Republic shall not shorten the term of office of the Sejm.

Article 132

The President of the Republic shall hold no other offices nor discharge any public functions, with the exception of those connected with the duties of his office.

Article 133

The President of the Republic, as representative of the State in foreign affairs, shall:
1. ratify and renounce international agreements, and shall notify the Sejm and the Senate thereof;
2. appoint and recall the plenipotentiary representatives of the Republic of Poland to other states and to international organizations;
3. receive the Letters of Credence and recall of diplomatic representatives of other states and international organizations accredited to him.
The President of the Republic, before ratifying an international agreement may refer it to the Constitutional Tribunal with a request to adjudicate upon its conformity to the Constitution.
The President of the Republic shall cooperate with the Prime Minister and the appropriate minister in respect of foreign policy.

Article 134

The President of the Republic shall be the Supreme Commander of the Armed Forces of the Republic of Poland.
The President of the Republic, in times of peace, shall exercise command over the Armed Forces through the Minister of National Defence.
The President of the Republic shall appoint, for a specified period of time, the Chief of the General Staff and commanders of branches of the Armed Forces. The duration of their term of office, the procedure for and terms of their dismissal before the end thereof, shall be specified by statute.
The President of the Republic, for a period of war, shall appoint the Commander-in-Chief of the Armed Forces on request of the Prime Minister. He may dismiss the Commander-in-Chief of the Armed Forces in accordance with the same procedure. The authority of the Commander-in-Chief of the Armed Forces, as well as the principle of his subordination to the constitutional organs of the Republic of Poland, shall be specified by statute.
The President of the Republic, on request of the Minister of National Defence, shall confer military ranks as specified by statute.
The authority of the President of the Republic, regarding his supreme command of the Armed Forces, shall be specified in detail by statute.

Article 135

The advisory organ to the President of the Republic regarding internal and external security of the State shall be the National Security Council.

Article 136

In the event of a direct external threat to the State, the President of the Republic shall, on request of the Prime Minister, order a general or partial mobilization and deployment of the Armed Forces in defence of the Republic of Poland.

Article 137

The President of the Republic shall grant Polish citizenship and shall give consent for renunciation of Polish citizenship.

Article 138

The President of the Republic shall confer orders and decorations.

Article 139

The President of the Republic shall have the power of pardon. The power of pardon may not be extended to individuals convicted by the Tribunal of State.

Article 140

The President of the Republic may deliver a Message to the Sejm, to the Senate or to the National Assembly. Such Message shall not be a subject of debate.

Article 141

The President of the Republic may, regarding particular matters, convene the Cabinet Council. The Cabinet Council shall be composed of the Council of Ministers whose debates shall be presided over by the President of the Republic.
The Cabinet Council shall not possess the competence of the Council of Ministers.

Article 142

The President of the Republic shall issue regulations and executive orders in accordance with the principles specified in Articles 92 and 93.
The President of the Republic shall issue decisions within the scope of discharge of his other authorities.

Article 143

The Presidential Chancellory shall be the organ of assistance to the President of the Republic. The President of the Republic shall establish the statute of the Presidential Chancellory and shall appoint and dismiss its Chief.

Article 144

The President of the Republic, exercising his constitutional and statutory authority, shall issue Official Acts.
Official Acts of the President shall require, for their validity, the signature of the Prime Minister who, by such signature, accepts responsibility therefor to the Sejm.
The provisions of para. 2 above shall not relate to:
1. proclaiming elections to the Sejm and to the Senate;
2. summoning the first sitting of a newly elected Sejm and Senate;
3. shortening of the term of office of the Sejm in the instances specified in the Constitution;
4. introducing legislation;
5. proclaiming the holding of a nationwide referendum;
6. signing or refusing to sign a bill;
7. ordering the promulgation of a statute or an international agreement in the Journal of Laws of the Republic of Poland (Dziennik Ustaw);
8. delivering a Message to the Sejm, to the Senate or to the National Assembly;
9. making a referral to the Constitutional Tribunal;
10. requesting to the Supreme Chamber of Control to carry out an audit;
11. nominating and appointing the Prime Minister;
12. accepting resignation of the Council of Ministers and obliging it to temporarily continue with its duties;
13. applying to the Sejm to bring a member of the Council of Ministers to responsibility before the Tribunal of State;
14. dismissing a minister in whom the Sejm has passed a vote of no confidence;
15. convening the Cabinet Council;
16. conferring orders and decorations;
17. appointing judges;
18. exercising the power of pardon;
19. granting Polish citizenship and giving consent for renunciation of Polish citizenship;
20. appointing the First President of the Supreme Court;
21. appointing the President and Vice-President of the Constitutional Tribunal;
22. appointing the President of the Chief Administrative Court;
23. appointing the presidents of the Supreme Court and vice-presidents of the Chief Administrative Court;
24. requesting the Sejm to appoint the President of the National Bank of Poland;
25. appointing the members of the Council for Monetary Policy;
26. appointing and dismissing members of the National Security Council;
27. appointing members of the National Council of Radio Broadcasting and Television;
28. establishing the statute of the Presidential Chancellery and appointing or dismissing the Chief of the Presidential Chancellery;
29. issuing orders in accordance with the principles specified in Article 93;
30. resigning from the office of President of the Republic.

Article 145

The President of the Republic may be held accountable before the Tribunal of State for an infringement of the Constitution or statute, or for commission of an offence.
Bringing an indictment against the President of the Republic shall be done by resolution of the National Assembly passed by a majority of at least two-thirds of the statutory number of members of the National Assembly, on the motion of at least 140 members of the Assembly.
On the day on which an indictment, to be heard before the Tribunal of State, is brought against the President of the Republic, he shall be suspended from discharging all functions of his office. The provisions of Article 131 shall apply as appropriate.