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$Unique_ID{COW02956}
$Pretitle{362}
$Title{Poland
The Sejm and the Senate}
$Subtitle{}
$Author{Lech Kurpiewski}
$Affiliation{Polish Embassy, Washington DC}
$Subject{sejm
senate
power
president
constitution
}
$Date{1990}
$Log{}
Country: Poland
Book: Update on Poland
Author: Lech Kurpiewski
Affiliation: Polish Embassy, Washington DC
Date: 1990
The Sejm and the Senate
On April 7, 1989 the Polish Sejm (Parliament) amended the Polish
Constitution by introducing the second parliamentary chamber, the Senate, and
the office of a President of the State.
The amended Constitution provides for a three-tier division of power: a
strong legislative power represented by both chambers of Parliament, a strong
executive power vested in the president and the government, and an autonomous
judiciary power. The amended Constitution is a tentative provision which
precedes the drafting of a new Constitution by the Sejm of the 10th term
(1989-1993), elections to which were held in June 1989. (See the Facts
column).
THE SEJM - remains the supreme organ of legislative authority. It will be
continuously in session, whereas the presence of opposition deputies will
alter the manner of its activity.
The Sejm is composed of 460 deputies and it is elected for four-year
terms. A Sejm deputy cannot be brought to penal-court accountability or be
arrested without the consent of the Sejm.
A number of amendments concerning the activity of the Sejm are associated
with the establishment of the second house - the SENATE.
The Sejm has an obligation to pass each adopted law to the Senate. The
upper house has an obligation to scrutinize such laws. The Senate which also
has the power to initiate laws, and will have one month to submit proposals to
the Sejm concerning amendments to a law or its rejection. In case of drafts of
national socio-economic plans, the budgetary law and the state's fiscal plans,
the Senate is given seven days to submit proposals to the Sejm concerning
possible amendments to the afore-mentioned documents. The Sejm may, with a
two-thirds majority of votes, in the presence of at least half of the
deputies, reject or adopt the proposals tabled by the Senate.
The Senate is made up of 100 senators, elected for the same four year
term of office as for the Sejm. A Senator cannot be brought to penal-court
accountability or be arrested without the consent of the Senate.
The Senate, like the Sejm, elects a Speaker and Deputy Speakers from
among its members. The Speaker and Deputy Speakers conduct debates and
coordinate the work of both houses of Parliament.
The amended Constitution envisages the possibility to shorten the term of
office of the Sejm and the Senate, in specific cases. The Sejm may be
dissolved under the decision of a resolution passed by a two-third majority of
votes in the presence of at least half of the number of MPs. The second
possibility when a Sejm can be dissolved which simultaneously means the
conclusion of the Senate's term, is in the power of another newly-established
institution: the Office of the President. The President, in consultation with
the Sejm and the Senate Speakers, may dissolve the Sejm when it fails to
appoint a new cabinet within a period of three months, when it fails to pass a
national socio-economic plan within the period of three months, or when it
passes a law or adopts a resolution which undermines the constitutional
prerogatives of the President. These prerogatives include monitoring the
observance of the Polish Constitution, safeguarding the state's sovereignty,
security, and the inviolability and indivisibility of its territory, and
observance of inter-state political and military alliances.
In case the Sejm is dissolved, the President orders elections to the Sejm
and the Senate, setting the date of the elections within the three months
after the Sejm's dissolution.
In the new political order in Poland, the Sejm and the Senate are the
supreme organs of the legislative power. In some cases, as for instance in the
event of elections of the President, the Sejm and the Senate together
constitute a National Assembly.