Poland 1997 Constitution (reviewed 2009)

Chapter VI. THE COUNCIL OF MINISTERS AND GOVERNMENT ADMINISTRATION

Article 146

1. The Council of Ministers shall conduct the internal affairs and foreign policy of the Republic of Poland.
2. The Council of Ministers shall conduct the affairs of State not reserved to other State organs or local self-government.
3. The Council of Ministers shall manage the government administration.
4. To the extent and in accordance with the principles specified by the Constitution and statutes, the Council of Ministers, in particular, shall:
   1. ensure the implementation of statutes;
   2. issue regulations;
   3. coordinate and supervise the work of organs of State administration;
   4. protect the interests of the State Treasury;
   5. adopt a draft State Budget;
   6. supervise the implementation of the State Budget and pass a resolution on the closing of the State’s accounts and report on the implementation of the Budget;
   7. ensure the internal security of the State and public order;
   8. ensure the external security of the State;
   9. exercise general control in the field of relations with other States and international organizations;
   10. conclude international agreements requiring ratification as well as accept and renounce other international agreements;
   11. exercise general control in the field of national defence and annually specify the number of citizens who are required to perform active military service;
   12. determine the organization and the manner of its own work.

Article 147

1. The Council of Ministers shall be composed of the President of the Council of Ministers (Prime Minister) and ministers.
2. Vice-presidents of the Council of Ministers (Deputy Prime Ministers) may be also be appointed within the Council of Ministers.
3. The Prime Minister and Deputy Prime Ministers may also discharge the functions of a minister.
4. The presidents of committees specified in statutes may also be appointed to membership in the Council of Ministers.

Article 148

The Prime Minister shall:

1. represent the Council of Ministers;
2. manage the work of the Council of Ministers;
3. issue regulations;
4. ensure the implementation of the policies adopted by the Council of Ministers and specify the manner of their implementation;
5. coordinate and control the work of members of the Council of Ministers;
6. exercise, within the limits and by the means specified in the Constitution and statute, supervision of local self-government.
7. be the official superior of employees of the government administration.

Article 149

1. Ministers shall direct a particular branch of government administration or perform tasks allocated to them by the Prime Minister. The scope of activity of a minister directing a branch of government administration shall be specified by statute.
2. A minister directing a branch of government administration shall issue regulations. The Council of Ministers, on the request of the Prime Minister, may repeal a regulation or order of a minister.
3. The provisions applicable to a minister directing a branch of government administration shall apply, as appropriate, to presidents of the committees referred to in Article 147, para. 4.

Article 150

A member of the Council of Ministers shall not perform any activity inconsistent with his public duties.

Article 151

The Prime Minister, Deputy Prime Ministers and ministers shall take the following oath in the presence of the President of the Republic:

“Assuming this office of Prime Minister (Deputy Prime Minister, minister) I do solemnly swear to be faithful to the provisions of the Constitution and other laws of the Republic of Poland, and 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 152

1. The voivode shall be the representative of the Council of Ministers in a voivodeship.
2. The procedure for appointment and dismissal, as well as the scope of activity, of a voivode shall be specified by statute.

Article 153

1. A corps of civil servants shall operate in the organs of government administration in order to ensure a professional, diligent, impartial and politically neutral discharge of the State’s obligations.
2. The Prime Minister shall be the superior of such corps of civil servants.

Article 154

1. The President of the Republic shall nominate a Prime Minister who shall propose the composition of a Council of Ministers. The President of the Republic shall, within 14 days of the first sitting of the Sejm or acceptance of the resignation of the previous Council of Ministers, appoint a Prime Minister together with other members of a Council of Ministers and accept the oaths of office of members of such newly appointed Council of Ministers.
2. The Prime Minister shall, within 14 days following the day of his appointment by the President of the Republic, submit a programme of activity of the Council of Ministers to the Sejm, together with a motion requiring a vote of confidence. The Sejm shall pass such vote of confidence by an absolute majority of votes in the presence of at least half of the statutory number of Deputies.
3. In the event that a Council of Ministers has not been appointed pursuant to para.1 above or has failed to obtain a vote of confidence in accordance with para. 2 above, the Sejm, within 14 days of the end of the time periods specified in paras 1 and 2, shall choose a Prime Minister as well as members of the Council of Ministers as proposed by him, by an absolute majority of votes in the presence of at least half of the statutory number of Deputies. The President of the Republic shall appoint the Council of Ministers so chosen and accept the oaths of office of its members.

Article 155

1. In the event that a Council of Ministers has not been appointed pursuant to the provisions of Article 154, para. 3, the President of the Republic shall, within a period of 14 days, appoint a Prime Minister and, on his application, other members of the Council of Ministers. The Sejm, within 14 days following the appointment of the Council of Ministers by the President of the Republic, shall hold, in the presence of at least half of the statutory number of Deputies, a vote of confidence thereto.
2. In the event that a vote of confidence has not been granted to the Council of Ministers pursuant to para. 1, the President of the Republic shall shorten the term of office of the Sejm and order elections to be held.

Article 156

1. The members of the Council of Ministers shall be accountable to the Tribunal of State for an infringement of the Constitution or statutes, as well as for the commission of an offence connected with the duties of his office.
2. On the motion of the President of the Republic or at least 115 Deputies, resolution to bring a member of the Council of Ministers to account before the Tribunal of State shall be passed by the Sejm by a majority of three-fifths of the statutory number of Deputies.

Article 157

1. The members of the Council of Ministers shall be collectively responsible to the Sejm for the activities of the Council of Ministers.
2. The members of the Council of Ministers shall be individually responsible to the Sejm for those matters falling within their competence or assigned to them by the Prime Minister.

Article 158

1. The Sejm shall pass a vote of no confidence by a majority of votes of the statutory number of Deputies, on a motion moved by at least 46 Deputies and which shall specify the name of a candidate for Prime Minister. If such a resolution has been passed by the Sejm, the President of the Republic shall accept the resignation of the Council of Ministers and appoint a new Prime Minister as chosen by the Sejm, and, on his application, the other members of the Council of Ministers and accept their oath of office.
2. A motion to pass a resolution referred to in para. 1 above, may be put to a vote no sooner than 7 days after it has been submitted. A subsequent motion of a like kind may be submitted no sooner than after the end of 3 months from the day the previous motion was submitted. A subsequent motion may be submitted before the end of 3 months if such motion is submitted by at least 115 Deputies.

Article 159

1. The Sejm may pass a vote of no confidence in an individual minister. A motion to pass such a vote of no confidence may be submitted by at least 69 Deputies. The provisions of Article 158, para. 2 shall apply as appropriate.
2. The President of the Republic shall recall a minister in whom a vote of no confidence has been passed by the Sejm by a majority of votes of the statutory number of Deputies.

Article 160

The Prime Minister may submit to the Sejm a motion requiring a vote of confidence in the Council of Ministers. A vote of confidence in the Council of Ministers shall be granted by a majority of votes in the presence of at least half of the statutory number of Deputies.

Article 161

The President of the Republic, on request of the Prime Minister, shall effect changes in the composition of the Council of Ministers.

Article 162

1. The Prime Minister shall submit the resignation of the Council of Ministers at the first sitting of a newly elected Sejm.
2. The Prime Minister shall also submit the resignation of the Council of Ministers in the following instances:
   1. when a vote of confidence in the Council of Ministers has not been passed by the Sejm;
   2. when a vote of no confidence has been passed against the Council of Ministers;
   3. when the Prime Minister himself has resigned from office.
3. The President of the Republic, when accepting the resignation of the Council of Ministers, shall oblige it to continue with its duties until a new Council of Ministers is appointed.
4. The President of the Republic may, in the case referred to in para. 2, subpara. 3 above, refuse to accept the resignation of the Council of Ministers.