Sejm (ENG)

Z Encyklopedia Administracji Publicznej

SEJM – the lower chamber of Polish Parliament, together with the Senate, it executes the legislative power in the Republic of Poland. The Sejm is composed of 460 deputies, elections to the S. are universal, equal, direct and proportional and are conducted by secret ballot. The S. is elected for a 4-year term of office, but the Constitution allows shortening of the term of office (using two procedures). Candidates for deputies and senators may be nominated by political parties or voters. Every citizen having the right to vote, who, no later than on the day of the elections, has attained the age of 21 years, is eligible to be elected to the S. The Supreme Court adjudicates upon the validity of the elections to the S. The S. debates in the course of sittings which are open, but it may waive the secrecy of the debates. The S. elects from amongst its members a Marshal of the Sejm and Vice-Marshals. It appoints standing committees and may also appoint special committees and investigative committees to examine a particular matter. It controls the activities of the executive → the Council of Ministers. The S. declares, in the name of the Republic of Poland, a state of war and the conclusion of peace. It takes part in the legislative process, the right to introduce legislation belongs, among others, to deputies. The S. considers bills in the course of three readings, it passes bills by a simple majority vote, in the presence of at least half of the statutory number of deputies. A bill passed by the Sejm is submitted to the Senate by the Marshal of the Sejm, and the Senate, within 30 days of submission of the bill, may adopt it without amendment, adopt amendments or resolve upon its complete rejection. In the last two cases, the S. can reject it by an absolute majority vote in the presence of at least half of the statutory number of deputies. The Marshal of the Sejm submits an adopted bill to the President of the Republic for signature. The President of the Republic may sign the bill, he may refer it to the → Constitutional Tribunal for an adjudication upon its conformity to the Constitution, or he may refuse to sign the bill and refer it to the S. for reconsideration (so-called legislative veto). In that case, repassing of the bill requires a three-fifths majority vote in the presence of at least half of the statutory number of deputies. The President has 21 days to decide on these three options (7 days in cases of urgent bills and the state budget); once the bill is signed he orders its promulgation in the Journal of Laws of the Republic of Poland (Dziennik Ustaw). The S. also passes the bills by a simple majority vote in the presence of at least half of the statutory number of deputies. The S. also has the right to order a nationwide referendum, which is decided by an absolute majority of votes in the presence of at least half of the statutory number of deputies. The S. also holds the creative function which consist in appointing and removing other Constitutional authorities of the state (independently or with the consent of the Senate) or their members and the enforcement of their responsibilities (examples: members of the Council of Ministers, the Constitutional Tribunal or the Tribunal of State, the President of the Supreme Audit Office, the Commissioner of Citizens’ Rights, or the Children’s Rights Advocate). In instances specified in the Constitution, the Sejm and the Senate sitting in joint session with the Marshal of the Sejm presiding or, in his absence, the Marshal of the Senate, act as the National Assembly [ I. Malinowska ].

Literature: L. Garlicki, Polskie prawo konstytucyjne. Zarys wykładu [Polish constitutional law. An outline of a lecture], Warszawa 2016.

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